Minimum Wage: How much are you worth?
Sadly, there are still employers who continue to exploit their employees by not paying them at minimum wage as mandated by federal law. The Fair Labor Standards Act (FLSA) established a federal minimum wage that affects full-time and part-time workers. The Department of Labor's (DOL) Wage and Hour Division administers and enforces the FLSA.
Since July 2009, the FLSA has set the federal minimum wage at $7.25 per hour. There are several states that have set their own individual minimum wage rates, and some are higher than the FLSA. However, $7.25 an hour is the minimum amount that must be paid.
For example, if New York State sets its minimum wage at $5 per hour, then the FLSA provides that New York workers who are eligible are still entitled to $7.25 per hour. If New York decides to set its minimum wage at $9 per hour, then eligible workers in New York will be paid $9 per hour.
There are some employees who are exempt from the federal minimum wage requirement. Some examples of exempt employees include the situations described below:
- The employee earns income by relying on tips. Examples include: waiters, bellhops, and cloakroom assistants. In this case the employee must be paid at least $2.13 per hour in direct wages and the balance of $58.12 must be met by tips.
- If an employer hires a person under the age of 20, the employer may pay the child for a period of 90 consecutive calendar days at a minimum wage of $4.25 per hour. This is to enable the person to be trained. After this 90-day period, or when the employee reaches the age of 20, whichever is sooner, the employer must raise the wage to $7.25 per hour.
- If an employer hires seasonal staff, such as in summer camps, they may be paid below the federal minimum wage.
- Executives, administrative, and professionals -- this includes teachers and administrative personnel in elementary and secondary schools, as well as other types of workers.
Non-exempt employees who are or should be earning minimum wage are often reluctant to insist on their rights for fear of reprisal, harassment, or getting fired. The current economic climate also makes it difficult to speak up and protect your rights because of the high unemployment rate and lack of employment opportunities.
If you or someone you know is in this position you should consider enforcing your right to a minimum wage without delay. Sokolove Law may be able to assist non-exempt employees who are not receiving the wages they are due under the minimum wage laws. The laws regarding minimum wages can be fairly complex, so wage and hour lawyers specializing in these types of cases should be consulted.
If there are grounds for an investigation into your employer by the Department of Labor, we can assist you in preparing a formal complaint with the Wage and Hour Division (WHD). Our experience with these types of cases will allow us to help you gather the documents you need, file a complaint with the WHD, and, if necessary, take the matter to court.
A successful claim may help you recover the pay that you have earned. It would also help to ensure that your employer does not attempt to repeat these unlawful actions in the future.
Sokolove Law has experience with wage violation cases and will work with you to get you the justice and compensation you deserve. If you or anyone you know has been unfairly denied the minimum wage, contact Sokolove Law today for a free legal consultation.
